Effective as of 12/11/2020
ARTICLE 1 – Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale (“The Products”) by the Seller on the website www.whinat.com. The Products offered for sale on the site are as follows: Notepads and organizational and decorative objects for the home.
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.whinat.com which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid within the limits of available stocks, as specified when placing the order.
These T&Cs are accessible at any time on the www.whinat.com website and will prevail over any other document.
The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure on the www.whinat.com site.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
WHINAT, company registered with the RCS of RUEIL MALMAISON, under number 88834323300019
9 rue BEQUET – 92500 RUEIL-MALMAISON
ARTICLE 2 – Price
The Products are supplied at the prices in force appearing on the site www.whinat.com, when the order is recorded by the Seller. Prices are expressed in Euros, excluding and including tax.
The prices take into account any reductions that may be granted by the Seller on the www.whinat.com site. These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to the award of the contract. the command. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 – Orders
It is up to the Customer to select the Products he wishes to order on the www.whinat.com website.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the www.whinat.com site constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
ARTICLE 3 Bis – Customer space – Account
In order to place an order, the Customer is invited to create an account (personal space). To do this, he must register by completing the form that will be offered to him when he places his order and undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address.
The Customer is responsible for updating the information provided. He is told that he can modify them by logging into his account.
To access his personal space and order history, the Customer must identify himself using his username and password which will be communicated to him after registration and which are strictly personal. As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: firstname.lastname@example.org. This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and/or use, the www.whinat.com site will have the possibility of suspending or even closing a customer's account after formal notice sent by electronic means and which has had no effect. .
Any deletion of an account, for whatever reason, results in the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account entails the acceptance of these general conditions of sale.
ARTICLE 4 – Terms of payment
The price is paid by secure payment, according to the following terms: payment by credit card. The price is payable in cash by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the www.whinat.com site.
Payments made by the Customer will only be considered final after effective collection by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the full price under the conditions indicated above.
ARTICLE 6 – Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the said Products.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from:
- the legal guarantee of conformity, for Products that are defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use,
Provisions relating to legal warranties
Article L217-4 of the Consumer Code
" The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
" The property is in accordance with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
–if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is specific to any
special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L217-12 of the Consumer Code
" The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Article 1641 of the Civil Code.
" The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
" When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. »
In order to assert his rights, the Customer must inform the Seller, in writing (email or post), of the non-conformity of the Products or of the existence of hidden defects from the time of their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 15 days of the finding by the
Seller of the lack of conformity or the hidden defect. This refund can be made by bank transfer or check.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
ARTICLE 9 – Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivery of the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the www.whinat.com website are as follows:
- Account opening
- When creating the Customer / user account: Surnames, first names, postal address, telephone number and e-mail address
- Payment: As part of the payment for the Products offered on the site www.whinat.com, the latter records financial data relating to the bank account or the credit card of the Customer / user
9.2 Recipients of personal data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 Limitation of processing
Unless the Customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.
9.5 Duration of data retention
The Seller will keep the data thus collected for a period of 5 years, covering the time of the prescription of the applicable contractual civil liability.
9.6 Security and privacy
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of Customer and user rights
Pursuant to the regulations applicable to personal data, Customers and users of the www.whinat.com website have the following rights:
They can delete their account by writing to the email address indicated in article 9.3 "Data controller".
– They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 “Data controller »
– If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 “Data controller »
– They can request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in article 9.3 “Data controller »
-They can also request the portability of the data held by the Seller to another service provider
– Finally, they can object to the processing of their data by the Seller.
These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.
The controller must provide a response within a maximum of one month. In the event of refusal to grant the Customer's request, the latter must be motivated. The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be asked to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always be able to withdraw his consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.